REGION: Parents sue preschool after toddler's choking death

The parents of the 3-year-old boy who choked to death on a
pushpin at his
Oceanside preschool
in August filed a wrongful-death lawsuit
against the school Thursday, an attorney for the family said.

The civil lawsuit, filed in Vista Superior Court, alleges
negligence on the part of Kid'z Biz Inc., the company that owns
Montessori School of Oceanside. Tyler Howell was in the care of the
school when he choked on a pushpin Aug. 8.

Tyler's parents, Aja and Daniel Howell of Oceanside, held a news
conference the next day, during which Aja Howell said
the school wasn't at fault
for the boy's death.

They decided to sue the school and remove their daughter from
its care after a state investigation found care and supervision
failures that may have been factors in Tyler's death, the family's
attorney, David Casey Jr., said Thursday.

"It (the lawsuit) really tracks the findings of the (California)
Department of Social Services investigation that found there was
both a lack of supervision and a lack of putting things that could
be dangerous to children away," Casey said.

Officials at the school, at 3525 Cannon Road, did not return a
call for comment Thursday.

According to an autopsy report released in October by the San
Diego County medical examiner's office, a teacher at the school
reportedly heard Tyler make a gasping sound at 12:55 p.m. Aug. 8,
and saw him put his hands to his neck. Teachers started rescue
efforts and called 911, but rescuers could not revive the boy. He
was pronounced dead a short time later at Tri-City Medical
Center.

A pathologist found a pushpin in one of the main passageways
into Tyler's lungs during the autopsy, according to the report. His
death was ruled accidental asphyxia due to airway obstruction by a
pushpin.

The state Department of Social Services
conducted an investigation
after the death, which is routine
after major incidents at licensed child care facilities, department
spokesman Oscar Ramirez said in October.

Investigators determined that Tyler had been allowed to use the
bathroom without supervision just before he choked, and that while
inside the bathroom, he had access to pushpins that were being used
to hold up artwork.

State investigators cited the school for violating Tyler's right
to a safe, comfortable environment by having "small, sharp, pointed
objects" in places accessible to children, according to department
records. Officials assessed a civil penalty of $150 ---- the
maximum allowed under the law ---- with the citation.

The state also cited the school for violating care and
supervision rules that say "no child shall be left without visual
observation of a teacher at any time" other than a few
circumstances.

The school appealed both citations, and the state denied both
appeals, according to documents and officials.

The state issued a third citation for violating rules that
require supplies to be kept in storage space that isn't used for
other purposes, such as playing or napping, officials said.

State officials said school officials had taken corrective
action and removed all pushpins from the building.

Casey said Tyler's parents are working to create legislation
that would keep pushpins out of the state's preschools.

"There's nothing that can be done to bring Tyler back, but what
they (the family) want to do is seek a ban on pushpins in pre-Ks in
California," Casey said.

He said the Howells have been speaking about the legislation
with lawmakers and educators. Casey declined to name the lawmakers
or educators the Howells have contacted until someone has
officially agreed to author a bill.

The Howells are also investigating whether pushpin manufacturers
have appropriately warned consumers about the risk their products
may pose to children, Casey said. He said other children have
choked to death on similarly designed pushpins, including a
2-year-old boy who swallowed a pushpin in October at a day care
center in Louisville, Ky.

"There's no greater loss in life than losing a child, and the
parents would like to make sure they have taken steps to prevent
any more children from dying in this way," Casey said.